aviation_sl#t
Hi, this is a simple issue really.
We just get confused because of all the training and regulations inflicted on us in Commercial aviation.
PRIVATE OPERATIONS are different because they are private, i.e., the paying public is not part of the action and doesn't need to be protected.
Just forget aeroplanes for a minute and think about this.
You can go out and buy a minibus, and carry all your mates around in it to where ever you want to. You don't need to register it for Commercial purposes and you don't need a "Driver Authorisation" attached to your driver's licence. So far so good.
Now just think about driving around, picking up passengers you don't know, offering to drive them where they want to go and CHARGING them a fee for doing so. The game has changed, hasn't it?
So now you are a bus driver, operating a bus for hire and reward and available to the general public.
But the general public need to be protected from people doing just that, and it's all done through licencing, registration, approvals etc.
Aviation is not really much different.
John Travolta can operate his B707 on a private licence, without an AOC, Chief Pilot etc, provided it's for his own or his company's use and the paying public are not involved.
As soon as it becomes commercial, the game changes, all of a sudden, because it's over 5,700Kg and in revenue service, an ATPL is required to fly it, and an AOC, Chief Pilot etc.
Cost sharing is allowed provided there are no more than 6 passengers, each paying an equal amount towards the pilot's cost of operating the aircraft.
Now back to the mining company. A lot of them operate Lear Jets, G111's Citations etc. Provided that only "defined private use" is intended, no AOC,no Chief Pilot etc is required, and it can be flown by a suitably rated private pilot.
In reality, other factors come into play. "Duty of Care" implications would dictate using a qualified professional pilot if they are flying employees around, although they could still choose to use a PPL.
Because of the need to amortise the capital expenditure, they will often choose to get an AOC anyway so that they can do Charter or even just "cost centre" the plane to another department.
The paying public is not involved so no need for the regulator.
Just like your new minibus, as long as you don't start making it available to people who want to go somewhere and pay you for doing it, there is no problem. Cross the line however and you invoke the whole regulatory process.
Yes, the mining company can do what it is doing quite legally.